The following form is a Motion that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Louisiana Motion to Dismiss for Misconduct of Police
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How to fill out Motion To Dismiss For Misconduct Of Police?
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(1)(a) When the defendant is continued in custody subsequent to an arrest, an indictment or information shall be filed within thirty days of the arrest if the defendant is being held for a misdemeanor and within sixty days of the arrest if the defendant is being held for a felony.
(1) Whoever commits the crime of filing false public records shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars, or both.
(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.
Beginning Formal Prosecution Then, the state has 120 days to formally charge you. If you have bonded out, the State has 90 days to charge you with a misdemeanor and 150 days to charge you with a felony. If the State fails to comply with these timelines it does not mean that your charges will be dismissed.
An example of malfeasance would be a county clerk who avoids issuing marriage licenses to all couples to avoid issuing marriage licenses to same-sex couples. The clerk is intentionally committing illegal acts and causing harm to all couples.
(2) The court, on its own motion, may dismiss an action without prejudice when all the parties thereto fail to appear on the day set for trial; however, when a case has been dismissed pursuant to this provision and it is claimed that there is a pending settlement, either party may reinstate the suit within sixty days ...
Malfeasance is a broad term for an act that is illegal and causes physical or financial harm to another individual. This illegal act can be tried in criminal and civil court. Under tort law, malfeasance has legal repercussions in civil court, and the plaintiff can sue the defendant for monetary damages.
Malfeasance in office or official misconduct is considered a serious crime in Louisiana. It is committed when a public official or employee, in that capacity, performs an unlawful act which affects the performance of his/ her official duties.